Short title

This Act may be cited as the

Less Bureaucracy, Better K–12 Education Act

Transfer of Department of Education functions relating to the Office of Elementary and Secondary Education

There are transferred to the Secretary of Labor all the functions which the Secretary of Education exercised before the effective date of this Act (including all related functions of any officer or employee of the Department of Education) with respect to each of the following: (1)The Improving Academic Achievement of the Disadvantaged formula grant program authorized under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (2)Functions authorized under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (3)The Improving Academic Achievement of the Disadvantaged State Assessment Grants program authorized under part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.), including the Competitive Grants for State Assessments program authorized under section 1203(b)(1) of such Act (20 U.S.C. 6363(b)(1)). (4)The Education of Migratory Children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). (5)Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk authorized under part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.). (6)The Supporting Effective Instruction State Grants program authorized under part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611 et seq.). (7)The Teacher and School Leader Incentive program authorized under subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631 et seq.). (8)The Comprehensive Literacy State Development Grants program authorized under section 2222 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6642). (9)The Innovative Approaches to Literacy grant program authorized under section 2226 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6646). (10)The American History and Civics Education program authorized under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.). (11)The Supporting Effective Educator Development program authorized under section 2242 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672). (12)The English Language Acquisition State Grants program authorized under part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6811 et seq.), including the National Professional Development program authorized under section 3131 of such Act (20 U.S.C. 6861), except for section 3112 of such Act (20 U.S.C. 6822). (13)The Student Support and Academic Enrichment (SSAE) program authorized under part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.). (14)The 21st Century Community Learning Centers program authorized under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.). (15)The Expanding Opportunities through Quality Charter Schools program authorized under part C of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221 et seq.). (16)The Magnet Schools Assistance program authorized under part D of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.). (17)The Assistance for Arts Education program authorized under section 4642 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7292). (18)The Small, Rural School Achievement program authorized under subpart 1 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345 et seq.). (19)The Rural and Low-Income School program authorized under subpart 2 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.). (20)The Impact Aid program under title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.). (21)The Teacher Quality Partnership Grant program authorized under part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.). (22)Functions authorized under the District of Columbia Scholarships for Opportunity and Results Act (division C of Public Law 112–10). (23)The Education for Homeless Children and Youths program authorized under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.). (24)Authority regarding consolidated grants to the Insular Areas authorized under section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes (Public Law 95–134; 48 U.S.C. 1469a). (25)Projects overseen by the Office of Elementary and Secondary Education of the Department of Education that the Secretary of Education determines are congressionally funded community projects.

Exercise of authorities

Except as otherwise provided by law, the Secretary of Labor may, for purposes of performing a function transferred under this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the Secretary of Education immediately before the effective date of the transfer of the function under this Act.

Transfer and allocations of appropriations and personnel

Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Labor. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated.

Authority of Director of the Office of Management and Budget with respect to functions transferred

(a)

Personnel determinations

The Director of the Office of Management and Budget shall ensure that this Act does not result in a net increase in full-time equivalent employees at the Federal agencies impacted by this Act, based on the number of such employees at such agencies on the date of enactment of this Act. (b)

Function determinations

If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this Act. (c)

Incidental transfers

The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (d)

Certification of compliance

On the effective date of this Act, the Director of the Office of Management and Budget shall certify compliance with this Act, including the requirement under subsection (a), to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

Delegation and assignment

Except as otherwise expressly prohibited by law or otherwise provided in this Act, the Secretary of Labor may delegate any of the functions so transferred to such officers and employees of the Department of Labor as the Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the Secretary of Labor of responsibility for the administration of the function.

References

With regard to functions transferred under section 2, a reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1)the Secretary of Education shall be deemed to refer to the Secretary of Labor; (2)the Department of Education shall be deemed to refer to the Department of Labor; (3)the Office of Elementary and Secondary Education of the Department of Education shall be deemed to refer to the Education Employment and Training Administration of the Department of Labor; and (4)the Assistant Secretary for Elementary and Secondary Education shall be deemed to refer to the Assistant Secretary of Labor for Employment and Training.

Savings provisions

(a)

Legal documents

All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (2)that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Labor, any other authorized official, a court of competent jurisdiction, or operation of law.

(b)

Proceedings

This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the effective date of this Act before the Department of Education (with respect to functions transferred by this Act). Such proceedings and applications shall continue, orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c)

Suits

Except as provided in subsection (e)— (1)this Act shall not affect suits commenced before the effective date of this Act; and (2)in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d)

Nonabatement of actions

No suit, action, or other proceeding commenced by or against the Department of Education (with respect to the functions transferred by this Act), or by or against any individual in the official capacity of such individual as an officer or employee of the Department of Education (with regard to functions transferred by this Act), shall abate by reason of the enactment of this Act. (e)

Continuance of suits

If, before the date on which a transfer of a function under this Act takes effect, the Secretary of Education or any officer or employee of the Department of Education in the official capacity as such an officer or employee is party to a suit relating to the function, then such suit shall be continued and the Secretary of Labor, or other appropriate official of the Department of Labor, shall be substituted or added as a party. (f)

Administrative procedure and judicial review

Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the Secretary of Labor, and other officers of the Department of Labor, to which such function is transferred by this Act.

Transition

Beginning on the date of enactment of this Act, the Secretary of Labor is authorized to use, for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act— (1)the services of officers, employees, and other personnel of the Department of Education with regard to functions transferred under this Act; (2)assets of the Department of Education with regard to such functions; and (3)funds appropriated to such functions.

10.

Definition of function

For purposes of this Act, the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

11.

Effective date

(a)

In general

Except as provided in section 9, this Act shall take effect 6 months after the date of enactment of this Act. (b)

Early implementation

Notwithstanding subsection (a), transfers of functions under section 2 or any other provision of this Act (other than section 9) may be carried out beginning on the date of enactment of this Act but not later than the effective date of this Act.